JUDGMENT EZRAY LALIKA VS NYELELE MZOZYA AND ANOTHER LAND APPEAL NO 3652 OF 2024
The appeal is dismissed because the dispute over Plot No. 138 was already settled by a consent judgment in Application No. 22/2009, rendering the matter res judicata and barring further appeal. The appellant failed to prove the certificate was not separated, failed to prove lack of mortgagee consent, and failed to establish any procedural or evidentiary error by the trial tribunal. The evidence favored the respondents, confirming the 2nd respondent as the lawful owner.
Source excerpt
- Certificate of title
- Separation of title
- Mortgage consent
- Res judicata
- Consent judgment
- Burden of proof